Can I collect vacation and sick day pay for this year

UPDATED: Oct 1, 2022

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Can I collect vacation and sick day pay for this year

I’ve been on Aflac short term disability insurance from my employer since last October and it’s ending now. I am 70 years old. Been with my dentist for 27 years as a dental assistant. Can I still collect my vacation and sick pay days legally from him for 2018 now before I am laid off from this job which I have been told I will be starting March 1.

Asked on February 21, 2018 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) You do not accrue or earn paid time off (PTO; e.g. sick or vacation days) while you are employed but not working (such as out on disability or FMLA leave).
2) You cannot sue and be paid for PTO while already out on disability; disability is exclusive of working or being paid for PTO--you cannot get both at the same time.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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